Workers’ compensation is a program mandated by the U.S. government that provides benefits to those who suffer injuries and/or illnesses while working. Every state except Texas calls for companies to carry workers’ compensation insurance to ensure employees have immediate access to these financial and healthcare benefits if they ever need them.
According to the U.S. Bureau of Labor Statistics, nearly 3 million Americans suffer workplace-related injuries and illnesses each year. Even though agencies like the Occupational Safety and Health Administration (OSHA) aim to make workplaces as safe as possible for American employees, they’ve reported an increasing number of workplace-related injuries and illnesses in recent years. It makes workers’ compensation more important than ever before.
Are you unsure as to what workers’ compensation is, how it works, and whether or not you qualify for it? Discover more about workers’ compensation benefits below so that you know how to respond if you ever suffer from a workplace injury or illness and need financial assistance.
What Is Workers’ Compensation?
The U.S. government first introduced workers’ compensation in the early 1900s by passing a federal law that provided American workers who had dangerous jobs with the benefits they would need if they were ever involved in a workplace accident that led to injuries or illnesses. By the early 1920s, almost all U.S. states passed their own laws regarding workers’ comp that required employers to provide coverage for injured workers.
So, what is workers’ compensation? It’s essentially a disability insurance program designed for workers who suffer injuries or illnesses while at work. States call for employers to carry this kind of insurance so employees can file workers’ comp claims if they’re ever hurt or fall ill while on the job and can collect financial and healthcare benefits while out of work.
Today, all states — with the exception of Texas — have laws requiring employers to provide workers’ compensation coverage to their employees.
Contact our team today so we can fight to help you get the compensation you deserve.
How Does Workers’ Compensation Work?
The Insurance Information Institute reports that more than 140 million Americans have workers’ compensation. Yet, many people still don’t understand exactly how it works. Some people fail to take full advantage of it because of this.
Workers’ compensation works like this:
- Your employer picks out a workers’ comp policy and pays to provide it to employees.
- You report an injury or illness you sustain at work to your employer and deliver details about it to them.
- Your employer files a workers’ comp claim with the company they purchased a policy from right away.
- The Workers’ Compensation Board in your state processes your claim and decides whether to approve or deny it.
- You receive workers’ compensation benefits in the form of cash payments to cover lost income and medical costs if your claim is approved.
- You retain the right to file an appeal if your initial workers’ comp claim is denied.
You may also need to consider hiring a workers’ compensation lawyer to represent you during the claims process. They can help you collect the right evidence to strengthen your workers’ comp case.
Do You Qualify for Workers’ Compensation?
If you earn a salary from your employer as a full-time worker, you likely qualify for workers’ compensation. However, not everyone is eligible for it, as many states don’t require employers to extend workers’ comp benefits to independent contractors and freelancers. If your company only has a few employees, your employer may not be legally obligated to provide this coverage.
Some states also allow employers to skip over providing workers’ comp to those who work in certain professions. If, for example, you’re a farm laborer or even a real estate agent in Arkansas, you may not be eligible for workers’ comp under the state’s current laws.
If your employer does offer workers’ comp, you’ll likely qualify for a claim as long as your injury happened while you were performing your regular job duties. The injury doesn’t have to be your employer’s fault; it just needs to have happened while at work or while performing your job offsite.
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What Should You Do If a Workers’ Compensation Claim Is Denied?
Just because you qualify for workers’ compensation doesn’t mean you’ll automatically have workers’ comp claims approved. In fact, a 2023 survey found that almost half of the people who eventually have workers’ comp claims approved say they had them denied initially.
If you ever have a workers’ comp claim denied, you might mistakenly believe you’re out of options when it comes to collecting the compensation you need to account for lost income and medical costs in the aftermath of a workplace accident. But in reality, you don’t have to let one workers’ comp denial keep you down.
A workers’ compensation attorney can assist you in filing an appeal and improve your chances of earning an approval in the end.
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How Can a Workers’ Compensation Lawyer Help You?
Filing a workers’ compensation claim and having it approved might seem simple enough. Workers’ comp claims are rarely open-and-shut cases, though, as the companies that offer workers’ comp policies will often do whatever it takes to avoid providing hefty payments to injured workers.
A workers’ compensation lawyer can analyze your case and help you prove your claim is legit. This attorney can also work on trying to help you collect the largest settlement or judgment possible once your case is over.
Some workplace accidents are the fault of the employer, but workers’ compensation is a no-fault system. If you believe your injury was your employer’s fault, your attorney can advise you on whether to file for workers’ compensation or seek damages another way, such as through a lawsuit.
Learn More About Workers’ Compensation and Your Rights
Accident Hotline is a helpful resource for those who wish to begin working with workers’ compensation lawyers. Before you even think about making workers’ comp claims, look for lawyers in your area who have experience with these types of cases. Reach out to us at (888) 340-7454 today to schedule a free consultation with a lawyer who can make the entire claim process easier for you.
For a free consultation, call 888-340-7454